CR. MISC./40000/2026 of Mundrika Chaudhary Vs The State of Bihar on 13 August 2026

ORAL ORDER

13-08-2026

1. Heard learned counsel for the petitioners, learned APP for the State and the learned senior counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in connection with Alamganj P. S. Case No.772 of 2023 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that her daughter on 09.11.2022 had gone to attend nature’s call in the evening, when she was raped by Dheeraj on point of gun, accordingly, she along with the victim were going to the police station when they were intercepted by twelve named accused persons including the petitioners, who assaulted them and threatened not to institute a case or else her entire family member would be killed, further, Mukhiya and Sarpanch of the village came to know about the occurrence, who also advised not to get a rape case instituted, it is next alleged that Mukhiya and Sarpanch got the victim married to Dheeraj on 14.11.2022 in the Court, thereafter the informant came to know that Dheeraj, on advise of his parents, had kept the victim in the rented house of Sita Ram at Tulsi Mandi, Guljarbagh, Patna. It is further alleged that after one month, Dheeraj, on advise of his parents, brothers and sisters, started demanding Rs.2 Lacs and a motorcycle and on account of non-fulfillment of demand, the victim was tortured. It is next alleged that on 10.06.2023, victim called and disclosed that accused persons including the petitioner nos.1 and 2 assaulted her on account of which, she became unconscious. It is further alleged that thereafter the accused persons strangulated her to death, accordingly, informant along with her son came to the place of occurrence and saw her daughter’s dead body lying with black marks on neck, it is further alleged that accused persons took her and the deceased to Kakopali and cremated the dead body at Fatuha. It is also alleged that police did not institute an FIR, thus application was given to the Superintendent of Police on 21.06.2023.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being father in law, mother in-law of the deceased and maternal nephew of the husband of the deceased. It is submitted that Dheeraj and victim were in love and they performed Court marriage and the victim was residing with Dheeraj in a rented premise of Sita Ram Mahto and she had breathing problem, hence was taken to NMCH, Patna for treatment on 10.06.2023, where she was admitted at 12.28 P.M. and during treatment she died on 10.06.2023 at 4.55 P.M. on account of cardiac arrest, as would manifest from the dead body carrying certificate annexed as Annexure-2 to the anticipatory bail application. It is also submitted that dead body of the victim was received by her father Ramji Chaudhary from NMCH, as would manifest from Annexure-3 to the anticipatory bail application. It is next submitted that informant along with his family members were present at the cremation ground when the dead body of the victim was cremated as would manifest from the photographs of the cremation of the victim annexed as Annexure-P/4 to the anticipatory bail application. It is next submitted that the victim died on 10.06.2023 and the FIR came to be instituted on 24.08.2023 i.e. after a delay of more than 74 days. It is next submitted that even the informant gave application to the Superintendent of Police for instituting an FIR after 11 days of the occurrence.

5. Learned counsel thus submits that since death of the victim was a natural death, hence postmortem was not conducted. It is also submitted that the victim was treated at NMCH and had the victim died an unnatural death, in that event, postmortem would have been conducted at NMCH being a government hospital. It is also submitted that since victim was suffering from breathlessness issues, hence was admitted at NMCH on 10.06.2023 at 12.28 P.M., but then she died at NMCH at 4.55 P.M. It is reiterated and submitted that had the death been an unnatural death, in that event, the NMCH would not have released the body without holding a postmortem. It is also submitted that the case was taken up on 01.07.2026, when the learned APP was directed to file a counter affidavit duly sworn by the Superintendent, NMCH.

6. Learned APP submits that a counter affidavit, in compliance of the order dated 01.07.2026, has been filed duly sworn by the Superintendent, NMCH and in the counter affidavit it is specifically recorded that victim was admitted in NMCH on 10.06.2023 and was alive and she was under treatment of the doctor and during the course of treatment, she died at 4.55 P.M. and the dead body was handed over to her father and the cause of death was Cardio Pulmonary Arrest.

7. Learned counsel appearing on behalf of the petitioners at this stage submits that from perusal of the pleadings made in the counter affidavit, it would manifest that the victim was admitted at NMCH, a government hospital and was treated but then she died on account of Cardio Pulmonary Arrest and the informant after a delay of more than two months, instituted the instant case with an intent to coerce the petitioners into submission for ulterior reason.

8. Learned counsel appearing on behalf of the informant is not in a position to rebut the submission of the learned counsel for the petitioners and the learned APP.

9. After hearing the learned counsel for the parties and taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioners and the facts stated in the counter affidavit filed by the learned APP, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Alamganj P.S. Case No.772 of 2023, subject to the conditions as laid down under Section 482(2) B.N.S.S.

amit/- (Satyavrat Verma, J) U T